GULAB Vs. RADHESHAYAM

JUDGEMENT

(1.) The appellants/defendants/Gulab and others have filed this Second Appeal against the judgment and decree dtd. 10/02/2023 passed in RCA No.73-A/2018 by the Vth District Judge, Dr. Ambedkar Nagar, Mhow, District-Indore whereby the learned first appellate Court has dismissed the appeal, challenging the judgment and decree dtd. 19/11/2018 passed by Vth Civil Judge, Class-II, Dr. Ambedkar Nagar, Mhow, District-Indore in Civil Suit No.26- A/2015 whereby the learned trial Court decreed the suit filed by the respondent No.1/plaintiff/Radheyshyam. Facts of the case, in short are as under :-

(2.) The plaintiff/respondent No.1 filed a suit for possession, declaration, injunction and mesne profit with respect to suit property i.e. agricultural land bearing survey No.119/1, 119/2, 119/3 having total area of 1.16 Acre i.e. 0.470 hectare, situated at Village-Awalipura, Tehsil-Mhow, District - Indore (M.P.)

(3.) It is admitted fact in the present case that the suit land has been recorded in the name of appellant No. 1 to 3 after the demise of their father Shri Thawar Singh. It is also admitted fact that plaintiff moved an application before Nayab Tehsildar on 10-11- 2006 for correction of entries in revenue record, which was dismissed and thereafter an application on 8/1/2013 was also preferred regarding interference by defendants in the possession of plaintiff at suit land, which was also dismissed, against which an appeal was preferred by plaintiff before learned Sub Divisional Officer, Mhow which was registered as Case No.52/Appeal/2013- 14 and the same was also dismissed vide order dtd. 26/6/2014. Thereafter suit land has been parted amongst appellant No.1 to 3 by the Revenue Officer and their name is mutated on their respective share and they are in the actual possession of the suit land.